Territorial Supreme Court Paralyzed by Missing Law
A confusion of jurisdiction leaves the highest court in the territory unable to convene, forcing an adjournment until September.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Chief Justice Greene and Associate Justices Wingard and Hoyt met in Olympia last Monday for the purpose of holding the annual session of the Supreme Court. Judge Turner, the appointee to the recently created fourth judgeship, was not present. The three judges, not having the new law before them, and being uncertain as to its terms and as to their powers under it, telegraphed to the Department at Washington for information. In reply came a telegram stating the bill had been delayed but would be sent by mail. Section 7 provides that hereafter the Supreme Court of the Territory of Washington shall consist of a Chief Justice and Associate Justices, any three of whom shall constitute a quorum, but no Justice shall act as a member of the Supreme Court in any action or proceedings brought to said Court by writ of error, bill of exceptions or appeal from a decision, judgment or decree rendered by him as Judge of a District Court. Under the circumstances—the lack of a quorum, etc.—there was nothing to do but adjourn, and adjournment was made to the 1st of September.
“The three judges, not having the new law before them, and being uncertain as to its terms, and as to their powers under it, telegraphed to the Department at Washington for information.”
Judicial administrative confusion is a perennial issue in growing territories and states. Today's Seattle courts remain similarly burdened by administrative backlogs and jurisdictional complexity, though perhaps with fewer telegrams sent to D.C.
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